State Commission on Judicial Conduct determined a Town Court justice should be removed from office

The State Commission on Judicial Conduct determined that a Justice of a Town Court committed certain acts of misconduct and should be removed from office, citing Article VI, §22 of New York State's Constitution and Judiciary Law §44.

In lieu of a hearing, the Justice entered into an agreed statement of facts indicating that he had:

[1] "Brandished a loaded firearm at a litigant who was waiting for his case to be called; and

[2] Engaged in "improper fundraising".  

Finding that the "the record amply supports the conclusion that the Justice's misconduct 'transcends poor judgment' and warrants removal", the Court of Appeals held that the State Commission on Judicial Conduct's "determined sanction", removal from office, should be implemented.

Click HERE to access the Court of Appeals decision posted on the Internet.

 

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Municipal and School Audits released by New York State Comptroller Thomas P. DiNapoli

On October 18, 2023 New York State Comptroller Thomas P. DiNapoli announced the following local government and school audits were issued.

Click on the text highlighted in color to access both the summary and the complete audit report

 

Baldwin Union Free School District – Sexual Harassment Prevention (SHP) Training (Nassau County)

SHP training was not provided to all employees or any board members. Of the 120 total individuals tested (115 selected employees and all five board members), 17 employees and the five volunteer board members did not complete the annual training.

 

Burnt Hills – Ballston Lake Central School District – Employee Benefit Plan Forfeited Funds (Saratoga County)

District officials were not aware that the Health Flexible Spending Arrangement and Dependent Care Assistance Program administrator did not return forfeited funds totaling $25,701 to the district, as required. Because officials did not ensure the forfeited funds were returned, the funds were not available for the district’s use.

 

Eastern Suffolk Board of Cooperative Educational Services – Information Technology (IT) (Suffolk County)

Although BOCES officials restricted user account access to the financial application, they did not adequately manage user account access to the network. As a result, BOCES had an increased risk that the network could be accessed by unauthorized individuals. In addition to sensitive IT control weaknesses that were confidentially communicated to BOCES officials, auditors found that officials did not disable 681 network user accounts that were not needed or logged in to for at least six months.

 

South Kortright Central School District – Claims Audit (Delaware County)

Although the board and district officials generally ensured claims were adequately supported and properly audited prior to payment, certain purchases of goods and services auditors reviewed lacked necessary supporting documentation. In addition, the board did not comply with state law when it appointed the clerk of the board as the deputy claims auditor. The claims auditor and deputy claims auditor, as part of their claims audit process, did not verify that requests for proposals were solicited for seven professional service providers and an insurance provider that were paid a total of $205,042 during the audit period. Auditors found 18 claims totaling $20,834 were approved without documentation to verify compliance with the district’s procurement policy.

 

Village of Remsen – Clerk-Treasurer’s Records and Reports Audit Follow-Up (Oneida County)

The purpose of the review was to assess the village’s progress in implementing our recommendations in the audit report released in January 2021. Based on limited procedures, auditors found the village has not made progress implementing corrective action, as none of the nine audit recommendations were implemented. The board was unable to provide a reasonable explanation for taking no corrective action.

 

Uniondale Union Free School District – Information Technology (Nassau County)

District officials did not adequately manage nonstudent network user accounts and permissions. As a result, the district had an increased risk of unauthorized access to and use of the network and could potentially lose important data. In addition to sensitive IT control weaknesses that were confidentially communicated to officials, auditors found that the technology supervisor did not establish written procedures for granting, changing and disabling nonstudent network user account access or regularly review the accounts to ensure they are necessary. Additionally, they did not disable 3,471  of the enabled nonstudent network user accounts that were not needed.

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Former Town of Marion court clerk sentenced to jail, ordered to pay more than $59,000 in restitution

On October 18, ,2023, New York State Comptroller Thomas P. DiNapoli, Wayne County District Attorney Michael Calarco, and Acting Superintendent of State Police Dominick L. Chiumento announced that the former court clerk for the Town of Marion, Eileen Steurrys, was sentenced to serve six months in jail and pay over $59,000 in restitution after her conviction for embezzling from the town court and altering records in an effort to hide her crimes. 

“Ms. Steurrys thought she could abuse her position to steal from the public and conceal her theft.  She now faces the consequences of her betrayal of the public’s trust,” DiNapoli said. “My thanks to District Attorney Calarco and the State Police for their continuing partnership in combating public corruption.”

Wayne County Assistant District Attorney John Ferlicca said, “Eileen Steurrys abused the trust that had been placed in her by the Marion Town Court. Today she answered to the People of the State of New York for her crimes of using her court clerk position for personal enrichment.”

“The sentencing of Ms. Steurrys should serve as a reminder that those who choose to abuse their public position will be brought to justice,” said Acting Superintendent Dominick L. Chiumento. “This former court clerk stole money from the court to support her own lifestyle. We will not tolerate this illegal behavior or abuse of power. I applaud the work of the State Police members assigned to this case, the State Comptroller’s Office, and the Wayne County District Attorney’s Office for their dedicated and hard work in exposing this fraud.”

Ms. Steurrys' thefts were initially discovered when DiNapoli’s office audited the Town of Marion Court Fund. DiNapoli’s office then partnered with Wayne County District Attorney Calarco’s office and the State Police to investigate her crimes, leading to her arrest and conviction. The joint investigation determined that, from 2016 to 2021, Ms. Steurrys pocketed $59,293 in court fees paid by the public instead of depositing the money in the court’s account and altered court records and created phony receipts in an effort to hide the crimes.

On August 16, 2023, she pled guilty to grand larceny in the second degree, corrupting the government in the second degree, tampering with records in the first degree and official misconduct. Steurrys was sentenced in Wayne County Court.

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Since taking office in 2007, DiNapoli has committed to fighting public corruption and encourages the public to help fight fraud and abuse. Allegations of fraud involving taxpayer money can be made by calling the toll-free Fraud Hotline at 1-888-672-4555, by filing a complaint online at investigations@osc.ny.gov or by mailing a complaint to: Office of the State Comptroller, Division of Investigations, 8th Floor, 110 State St., Albany, NY 12236.